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Electioneering Communications  Created to regulate so-called issue ads  Must be financed with funds from federally-permissible sources  Not subject to contribution limits

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Electioneering Communications: Definition Any broadcast, cable or satellite communication that:  Refers to clearly ID’ed candidate;  Is publicly distributed;  Is distributed during certain time period before election; and  Is targeted to the relevant electorate

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Any broadcast, cable or satellite communication that:  Refers to clearly ID’ed candidate;  Is publicly distributed;  Is distributed during certain time period before election; and  Is targeted to the relevant electorate Electioneering Communications: Definition

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Any broadcast, cable or satellite communication that:  Refers to clearly ID’ed candidate;  Is publicly distributed;  Is distributed during certain time period before election; and  Is targeted to the relevant electorate Electioneering Communications: Definition

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 Publicly Distributed:  Dissemination by TV or radio station or cable or satellite system  New! No longer limited to paid programming  Examples include: PSAs, commercials and infomercials

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Any broadcast, cable or satellite communication that:  Refers to clearly ID’ed candidate;  Is publicly distributed;  Is distributed during certain time period before election; and  Is targeted to the relevant electorate Electioneering Communications: Definition

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 Proximity to Election:  Transmitted within 60 days prior to a general election or 30 days prior to a primary election  Includes elections where candidate is unopposed  Includes caucuses/conventions that nominate candidates Electioneering Communications: Definition

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Any broadcast, cable or satellite communication that:  Refers to clearly ID’ed candidate;  Is publicly distributed;  Is distributed during certain time period before election; and  Is targeted to the relevant electorate Electioneering Communications: Definition

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 Targeted to Relevant Electorate:  Communication can be received by >50,000 people in Congressional District (for House) or in State (for Senate)  FCC maintains database determining who can receive a communication  Not applicable to Presidential candidates Electioneering Communications: Definition

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Electioneering Communications: Definition Presidential/Vice Presidential Primaries Ad considered publicly distributed if received by ≥ 50,000 people for:  Primary/Caucus – in the state within 30 days of election  Nominating Convention – anywhere in US during period of 30 days prior through last day of convention

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Not an Electioneering Communication  Communication disseminated through means other than TV, satellite or radio  News story, commentary or editorial  Communication that qualifies as an “Expenditure” or “Independent Expenditure”  Candidate debate or forum  Communication by state or local candidate that does not promote, support, attack or oppose a federal candidate

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Application to Corporations and Unions  Prohibited from making or financing electioneering communications  New! Exemption for 501(c)(3) organizations removed – now subject to general EC provisions  Lobbying ads may be affected  SSF communications treated as reportable expenditure rather than EC

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Exemption for Qualified Nonprofit Corporations (QNC)  501(c)(4) corporation that is ideological in nature, accepts no prohibited funds and has no business income  QNC must certify that it is eligible for the exemption when disclosing electioneering communications Application to Corporations and Unions

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Application to Individuals and Partnerships  May make electioneering communications  No corporate or labor funding  Must be able to demonstrate that no prohibited funds were used  Must file disclosure reports